{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-266.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-266.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-266.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-266.4.html"}],"law_id":60932,"edition_id":1,"section_id":60932,"structure_id":13621,"section_number":"19.2-266.4","catch_line":"Expert assistance for indigent defendants","history":"2020, c. 1124; 2022, c. 543.","full_text":"A\n\nIn any case in which a defendant is (i) charged with a felony offense or a Class 1 misdemeanor and (ii) determined to be indigent by the court pursuant to § 19.2-159, the defendant or his attorney may, upon notice to the Commonwealth, move the circuit court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the preparation of the defendant’s defense. No ex parte proceeding, communication, or request may be considered pursuant to this section unless the defendant or his attorney states under oath or in a sworn declaration that a need for confidentiality exists. A risk that trial strategy may be disclosed unless the hearing is ex parte shall be sufficient grounds to establish a need for confidentiality.B\n\nUpon receiving the defendant’s or his attorney’s declaration of a need for confidentiality, the designated ex parte judge shall conduct an ex parte hearing on the request for authorization to obtain expert assistance. This hearing shall occur as soon as practicable. After a hearing upon the motion and upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the denial of such services would result in a fundamentally unfair trial, the court shall order the appointment of a qualified expert. The clerk of the court shall provide a copy of the appointment order to the defendant or his attorney and to the appointed expert.\n\t\t\tAny expert appointed pursuant to this subsection shall be compensated in accordance with § 19.2-332. The designated judge shall direct requests for scientific investigations to the Department of Forensic Science or Division of Consolidated Laboratory Services whenever practicable.C\n\nAll ex parte hearings conducted under this section shall be initiated by written motion and shall be on the record. Except for the initial declaration of a need for confidentiality and a copy of the appointment order provided to the defendant or his attorney and to the appointed expert in accordance with subsection B, the record of the hearings, together with all papers filed and orders entered in connection with ex parte requests for expert assistance, all payment requests submitted by experts appointed, and the identity of all experts appointed, shall be kept under seal as part of the record of the case and shall not be disclosed. Following a decision on the motion, whether it is granted or denied, the motion, order or orders, and all other papers or information related to the proceedings or expert assistance sought shall remain under seal. On motion of any party, and for good cause shown, the court may unseal the foregoing records after the trial is concluded.D\n\nAll ex parte proceedings, communications, or requests shall be transcribed and made part of the record available for appellate review or any other post-conviction review.","order_by":null,"text":{"0":{"id":222868,"text":"In any case in which a defendant is (i) charged with a felony offense or a Class 1 misdemeanor and (ii) determined to be indigent by the court pursuant to § 19.2-159, the defendant or his attorney may, upon notice to the Commonwealth, move the circuit court to designate another judge in the same circuit to hear an ex parte request for appointment of a qualified expert to assist in the preparation of the defendant’s defense. No ex parte proceeding, communication, or request may be considered pursuant to this section unless the defendant or his attorney states under oath or in a sworn declaration that a need for confidentiality exists. A risk that trial strategy may be disclosed unless the hearing is ex parte shall be sufficient grounds to establish a need for confidentiality.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222869,"text":"Upon receiving the defendant’s or his attorney’s declaration of a need for confidentiality, the designated ex parte judge shall conduct an ex parte hearing on the request for authorization to obtain expert assistance. This hearing shall occur as soon as practicable. After a hearing upon the motion and upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the denial of such services would result in a fundamentally unfair trial, the court shall order the appointment of a qualified expert. The clerk of the court shall provide a copy of the appointment order to the defendant or his attorney and to the appointed expert.\n\t\t\tAny expert appointed pursuant to this subsection shall be compensated in accordance with § 19.2-332. The designated judge shall direct requests for scientific investigations to the Department of Forensic Science or Division of Consolidated Laboratory Services whenever practicable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222870,"text":"All ex parte hearings conducted under this section shall be initiated by written motion and shall be on the record. Except for the initial declaration of a need for confidentiality and a copy of the appointment order provided to the defendant or his attorney and to the appointed expert in accordance with subsection B, the record of the hearings, together with all papers filed and orders entered in connection with ex parte requests for expert assistance, all payment requests submitted by experts appointed, and the identity of all experts appointed, shall be kept under seal as part of the record of the case and shall not be disclosed. Following a decision on the motion, whether it is granted or denied, the motion, order or orders, and all other papers or information related to the proceedings or expert assistance sought shall remain under seal. On motion of any party, and for good cause shown, the court may unseal the foregoing records after the trial is concluded.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222871,"text":"All ex parte proceedings, communications, or requests shall be transcribed and made part of the record available for appellate review or any other post-conviction review.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13621,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12803,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":169157,"object_type":"structure","relational_id":13621,"identifier":"5","token":"19.2\/15\/5","url":"\/19.2\/15\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12803,"edition_id":1,"name":"Trial and Its Incidents","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168975,"object_type":"structure","relational_id":12803,"identifier":"15","token":"19.2\/15","url":"\/19.2\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56724,"structure_id":13621,"section_number":"19.2-265","catch_line":"Opening statement of counsel","url":"\/19.2-265\/","token":"19.2\/15\/5\/19.2-265","metadata":false},{"id":85173,"structure_id":13621,"section_number":"19.2-265.01","catch_line":"Victims, certain members of the family and support persons not to be excluded","url":"\/19.2-265.01\/","token":"19.2\/15\/5\/19.2-265.01","metadata":false},{"id":54588,"structure_id":13621,"section_number":"19.2-265.1","catch_line":"Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section)","url":"\/19.2-265.1\/","token":"19.2\/15\/5\/19.2-265.1","metadata":false},{"id":62995,"structure_id":13621,"section_number":"19.2-265.2","catch_line":"Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)","url":"\/19.2-265.2\/","token":"19.2\/15\/5\/19.2-265.2","metadata":false},{"id":78352,"structure_id":13621,"section_number":"19.2-265.3","catch_line":"Nolle prosequi; discretion of court upon good cause shown","url":"\/19.2-265.3\/","token":"19.2\/15\/5\/19.2-265.3","metadata":false},{"id":79731,"structure_id":13621,"section_number":"19.2-265.4","catch_line":"Failure to provide discovery","url":"\/19.2-265.4\/","token":"19.2\/15\/5\/19.2-265.4","metadata":false},{"id":54730,"structure_id":13621,"section_number":"19.2-265.5","catch_line":"Prosecuting misdemeanor cases without attorney","url":"\/19.2-265.5\/","token":"19.2\/15\/5\/19.2-265.5","metadata":false},{"id":66348,"structure_id":13621,"section_number":"19.2-265.6","catch_line":"Dismissal of criminal charges on Commonwealth's motion; effect of dismissal of criminal charges","url":"\/19.2-265.6\/","token":"19.2\/15\/5\/19.2-265.6","metadata":false},{"id":73702,"structure_id":13621,"section_number":"19.2-266","catch_line":"Exclusion of persons from trial; photographs and broadcasting permitted under designated guidelines; exceptions","url":"\/19.2-266\/","token":"19.2\/15\/5\/19.2-266","metadata":false},{"id":79118,"structure_id":13621,"section_number":"19.2-266.1","catch_line":"Conviction of lesser offense on indictment for homicide","url":"\/19.2-266.1\/","token":"19.2\/15\/5\/19.2-266.1","metadata":false},{"id":86223,"structure_id":13621,"section_number":"19.2-266.2","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","url":"\/19.2-266.2\/","token":"19.2\/15\/5\/19.2-266.2","metadata":false},{"id":70813,"structure_id":13621,"section_number":"19.2-266.3","catch_line":"Continuances; appearances of parties","url":"\/19.2-266.3\/","token":"19.2\/15\/5\/19.2-266.3","metadata":false},{"id":60932,"structure_id":13621,"section_number":"19.2-266.4","catch_line":"Expert assistance for indigent defendants","url":"\/19.2-266.4\/","token":"19.2\/15\/5\/19.2-266.4","metadata":false}],"previous_section":{"id":70813,"structure_id":13621,"section_number":"19.2-266.3","catch_line":"Continuances; appearances of parties","url":"\/19.2-266.3\/","token":"19.2\/15\/5\/19.2-266.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-266.4\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1124<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2022, chapter 543<\/a>.<\/p>","references":false,"refers_to":[{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":74583,"section_number":"19.2-332","catch_line":"Compensation to officer or other person for services not otherwise compensable","order_by":null,"url":"\/19.2-332\/"}],"permalink":{"id":169207,"object_type":"law","relational_id":60932,"identifier":"19.2-266.4","token":"19.2\/15\/5\/19.2-266.4","url":"\/19.2-266.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-266.4\/","token":"19.2\/15\/5\/19.2-266.4","dublin_core":{"Title":"Expert assistance for indigent defendants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-266.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case in which a defendant<\/span> is (i) charged with a felony<\/span> offense<\/span> or a Class 1 misdemeanor<\/span> and (ii) determined to be indigent<\/span> by the court<\/span> pursuant to § 19.2-159<\/a>, the defendant<\/span> or his attorney may, upon notice to the Commonwealth, move the circuit<\/span> court<\/span> to designate another judge<\/span> in the same circuit<\/span> to hear an ex parte<\/span> request for appointment of a qualified expert to assist in the preparation of the defendant<\/span>’s defense. No ex parte<\/span> proceeding, communication, or request may be considered pursuant to this section unless the defendant<\/span> or his attorney states under oath<\/span> or in a sworn declaration that a need for confidentiality exists. A risk that trial<\/span> strategy may be disclosed unless the hearing<\/span> is ex parte<\/span> shall be sufficient grounds to establish a need for confidentiality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receiving the defendant<\/span>’s or his attorney’s declaration of a need for confidentiality, the designated ex parte<\/span> judge<\/span> shall conduct an ex parte<\/span> hearing<\/span> on the request for authorization to obtain expert assistance. This hearing<\/span> shall occur as soon as practicable. After a hearing<\/span> upon the motion<\/span> and upon a showing that the provision of the requested expert services would materially assist the defendant<\/span> in preparing his defense and the denial of such services would result in a fundamentally unfair trial<\/span>, the court<\/span> shall order<\/span> the appointment of a qualified expert. The clerk of the court<\/span> shall provide a copy of the appointment order<\/span> to the defendant<\/span> or his attorney and to the appointed expert.\n\t\t\tAny expert appointed pursuant to this subsection shall be compensated in accordance with § 19.2-332<\/a>. The designated judge<\/span> shall direct requests for scientific investigations to the Department of Forensic Science or Division of Consolidated Laboratory Services whenever practicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All ex parte<\/span> hearings<\/span> conducted under this section shall be initiated by written motion<\/span> and shall be on the record. Except for the initial declaration of a need for confidentiality and a copy of the appointment order<\/span> provided to the defendant<\/span> or his attorney and to the appointed expert in accordance with subsection B, the record of the hearings<\/span>, together with all papers filed and orders<\/span> entered in connection with ex parte<\/span> requests for expert assistance, all payment requests submitted by experts appointed, and the identity of all experts appointed, shall be kept under seal as part of the record of the case and shall not be disclosed. Following a decision on the motion<\/span>, whether it is granted or denied, the motion<\/span>, order<\/span> or orders<\/span>, and all other papers or information related to the proceedings or expert assistance sought shall remain under seal. On motion<\/span> of any party<\/span>, and for good cause shown, the court<\/span> may unseal the foregoing records after the trial<\/span> is concluded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All ex parte<\/span> proceedings, communications, or requests shall be transcribed and made part of the record available for appellate<\/span> review or any other post-conviction<\/span> review. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXPERT ASSISTANCE FOR INDIGENT DEFENDANTS (\u00a7 19.2-266.4)\n\nA. In any case in which a defendant is (i) charged with a felony offense or a\nClass 1 misdemeanor and (ii) determined to be indigent by the court pursuant to\n§ 19.2-159, the defendant or his attorney may, upon notice to the\nCommonwealth, move the circuit court to designate another judge in the same\ncircuit to hear an ex parte request for appointment of a qualified expert to\nassist in the preparation of the defendant’s defense. No ex parte\nproceeding, communication, or request may be considered pursuant to this section\nunless the defendant or his attorney states under oath or in a sworn declaration\nthat a need for confidentiality exists. A risk that trial strategy may be\ndisclosed unless the hearing is ex parte shall be sufficient grounds to\nestablish a need for confidentiality.\n\nB. Upon receiving the defendant’s or his attorney’s declaration of a\nneed for confidentiality, the designated ex parte judge shall conduct an ex\nparte hearing on the request for authorization to obtain expert assistance. This\nhearing shall occur as soon as practicable. After a hearing upon the motion and\nupon a showing that the provision of the requested expert services would\nmaterially assist the defendant in preparing his defense and the denial of such\nservices would result in a fundamentally unfair trial, the court shall order the\nappointment of a qualified expert. The clerk of the court shall provide a copy\nof the appointment order to the defendant or his attorney and to the appointed\nexpert.\n\t\t\tAny expert appointed pursuant to this subsection shall be compensated in\naccordance with § 19.2-332. The designated judge shall direct requests for\nscientific investigations to the Department of Forensic Science or Division of\nConsolidated Laboratory Services whenever practicable.\n\nC. All ex parte hearings conducted under this section shall be initiated by\nwritten motion and shall be on the record. Except for the initial declaration of\na need for confidentiality and a copy of the appointment order provided to the\ndefendant or his attorney and to the appointed expert in accordance with\nsubsection B, the record of the hearings, together with all papers filed and\norders entered in connection with ex parte requests for expert assistance, all\npayment requests submitted by experts appointed, and the identity of all experts\nappointed, shall be kept under seal as part of the record of the case and shall\nnot be disclosed. Following a decision on the motion, whether it is granted or\ndenied, the motion, order or orders, and all other papers or information related\nto the proceedings or expert assistance sought shall remain under seal. On\nmotion of any party, and for good cause shown, the court may unseal the\nforegoing records after the trial is concluded.\n\nD. All ex parte proceedings, communications, or requests shall be transcribed\nand made part of the record available for appellate review or any other\npost-conviction review.\n\nHISTORY: 2020, c. 1124; 2022, c. 543.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}